BILL NUMBER: SB 1679	CHAPTERED  07/05/00

	CHAPTER   87
	FILED WITH SECRETARY OF STATE   JULY 5, 2000
	APPROVED BY GOVERNOR   JULY 5, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000

INTRODUCED BY   Senator Sher
   (Coauthors:  Senators Alarcon, Murray, and Perata)
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Corbett,
Davis, Ducheny, Dutra, Florez, Hertzberg, Honda, Keeley, Kuehl,
Lempert, Longville, Lowenthal, Mazzoni, Reyes, Scott, Shelley,
Steinberg, Strom-Martin, Thomson, Torlakson, Villaraigosa,
Washington, Wiggins, and Wildman)

                        FEBRUARY 22, 2000

   An act to add Sections 2801, 2811, and 2815 to the Fish and Game
Code, to amend Section 1091.5 of, and to add Sections 11361 and
12805.1 to, the Government Code, and to amend Section 2773.2 of the
Public Resources Code, relating to the environment, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1679, Sher.  Environmental protection:  conflict of interest of
public officials:  natural community conservation plans:  Cache
Creek reclamation:  delta protection:  flood control.
   (1) Under existing law, the Department of Fish and Game is
authorized to enter into a planning agreement with any person to
prepare and implement a natural community conservation plan.
Existing law authorizes the department to prepare nonregulatory
guidelines for the development and implementation of natural
community conservation plans, and permits community conservation
planning to be undertaken by local, state, or federal agencies
independently or in cooperation with other persons.  Existing law
also requires the department to be compensated for the actual costs
incurred in preparing and implementing natural community conservation
plans.
   This bill would require any planning agreement entered into by the
department and any other person on or after January 1, 2001, for the
purpose of preparing and implementing a natural community
conservation plan, to establish a process for the collection of
independent scientific input and analysis in the development of the
plan.  The bill would also require that agreement to provide a
process for the appointment of independent scientists for the
development of conservation criteria or guidelines.
   The bill would require the department to establish a process for
public participation throughout the development and review of any
plan for which the department and any other person entered into a
planning agreement on or after January 1, 2001.
   (2) Existing law prohibits specified state and local officers and
employees from being financially interested in any contract made by
them in their official capacity, or by any board or body of which
they are members; however, an officer or employee is not deemed to be
interested in a contract if his or her interest meets specified
criteria.
   This bill would provide that a public officer or employee shall
not be deemed to be interested in a contract if his or her interest
is that of a bona fide nonprofit corporation that enters into an
agreement with a public agency to provide services related to park
and natural lands or historical resources, as specified, and an
officer, director, or employee of that nonprofit corporation.  The
bill would state that its provisions are declaratory of existing law.

   (3) Existing law requires state agencies to adopt regulations in
accordance with prescribed procedures and requirements, and requires
the Office of Administrative Law to review adopted regulations and to
make specified determinations.
   This bill would exempt the adoption or revision of regulations,
guidelines, or criteria that implement the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 from
those provisions, and would instead require a public participation
process.
   (4) Under existing law, the Secretary of Resources is required to
convene a multiagency task force  to evaluate the effectiveness of
the Cache Creek Resource Management Plan in achieving the plan's
objectives concerning the rehabilitation and restoration of Cache
Creek.  By January 1, 2001, the task force, is required to recommend
to the secretary any revisions to the Surface Mining and Reclamation
Act of 1975 or any other provisions of law, including regulations of
the State Mining and Geology Board, that are necessary to incorporate
regional resource management plans in the state's regulation of
in-stream mine reclamation.
   This bill would, instead, require that recommendation to be made
to the secretary by July 1, 2001.
   (5) The proposed Budget Act of 2000 would appropriate funds to the
Department of Parks and Recreation from the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Fund for
allocation to the City and County of San Francisco for Golden Gate
Park.
   This bill would specify that those funds may be used to landscape
and restore surface area at the park concourse and to design and
improve public access facilities for, and roads to, the concourse.
   (6) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2801 is added to the Fish and Game Code, to
read:
   2801.  The Legislature finds and declares all of the following:
   (a) The continuing population growth in California will result in
increasing demands for dwindling natural resources and will result in
the continuing decline of the state's wildlife.
   (b) There is a need for broad-based planning to provide for
effective protection and conservation of the state's wildlife
heritage while continuing to allow appropriate development and
growth.
   (c) Natural community conservation planning is an effective tool
in protecting California's natural diversity while reducing conflicts
between protection of the state's wildlife heritage and reasonable
use of natural resources for economic development.
   (d) Natural community conservation planning promotes coordination
and cooperation among public agencies, landowners, and other private
interests, provides a mechanism by which landowners and development
proponents can effectively participate in the resource conservation
planning process, provides a regional planning focus that can
effectively address cumulative impact concerns, minimizes wildlife
habitat fragmentation, promotes multispecies management and
conservation, provides an option for identifying and ensuring
appropriate mitigation for impacts of fish and wildlife, and promotes
the conservation of broad-based natural communities and species
diversity.
   (e) Natural community conservation planning can provide for
efficient use and protection of natural and economic resources while
also promoting greater sensitivity to important elements of the state'
s critical natural diversity.
   (f) Natural community conservation planning is an effective
planning process that can facilitate early coordination to protect
the interests of the state, the federal government, local public
agencies, landowners, and other private parties.
   (g) Natural community conservation planning is a mechanism that
can provide an early planning framework for proposed development
projects within the planning area in order to avoid, minimize, and
compensate for impacts on wildlife caused by development and growth.

   (h) Natural community conservation planning is consistent with,
and will support, the fish and wildlife management activities of the
department in its role as the trustee for fish and wildlife within
the state.
   (i) The purpose of natural community conservation planning is to
sustain and restore those species and habitat identified by the
department that are necessary to maintain the continued viability of
biological communities that are impacted by growth and development.

  SEC. 2.  Section 2811 is added to the Fish and Game Code, to read:

   2811.  (a) Any planning agreement entered into by the department
and plan participants pursuant to Section 2810 shall establish a
process for all of the following:
   (1) The collection of data, information, and independent
scientific input to assist the department and plan participants in
meeting scientifically sound principles for the conservation and
management of species proposed to be covered in the plan.
   (2) The inclusion of independent scientific analysis in the
preparation and development of a natural community conservation plan.

   (3) The designation of independent scientists to propose
conservation criteria or guidelines early in the planning process for
consideration by the department and plan participants to assist in
providing a general biological context and the scientific premises
for conservation planning and for use and application in the
subregional or subarea plan level.
   (b) This section applies only to planning agreements entered into
by the department pursuant to Section 2810 on or after the effective
date of this section, and shall not apply to any approved plan or to
any plan in the process of being prepared pursuant to subsection (d)
of Section 1533 of Title 16 of the United States Code for the
protection of the California Gnatcatcher, as described at page 65088
of Volume 58 of the Federal Register.
  SEC. 3.  Section 2815 is added to the Fish and Game Code, to read:

   2815.  (a) The department shall establish a process for public
participation throughout plan development and review to ensure that
interested persons have an adequate opportunity to provide input to
lead agencies, state and federal wildlife agencies and others
involved in preparing the plan.  The public participation objectives
of this section may be achieved through public working groups,
advisory committees or public workshops.  This process shall include:

   (1) A requirement that draft documents associated with a natural
community conservation plan that are being considered for adoption by
the plan lead agency shall be available for public review and
comment for at least 45 days prior to the adoption of that draft
document.  Preliminary plan review documents shall be made available
by the responsible public agency at least 10 working days prior to
any public hearing addressing these documents.  The review period
specified in this paragraph may run concurrent with the review period
provided for any document required by the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) that is associated with the natural community
conservation plan.  This paragraph shall not be construed to limit
the discretion of a city or county to revise any draft documents at a
public hearing.
   (2) A requirement to make available in a reasonable and timely
manner all public review draft plans, memoranda of understanding,
maps, conservation guidelines, species coverage lists and other
planning documents associated with a natural community conservation
plan.
   (3) A requirement that all public hearings held during plan
preparation or review for approval are complimentary to, or
integrated with, those hearings otherwise provided by law.
   (4) An outreach program to provide access to information for
persons interested in the plan, with an emphasis on obtaining input
from a balanced variety of affected public and private interests
including state and local governments, landowners, conservation
organizations and the general public.
   (b) This section applies only to natural community conservation
plans for which  a planning agreement was entered into by the
department pursuant to Section 2810 on or after the effective date of
this section, and shall not apply to any approved plan or to any
plan in the process of being prepared pursuant to subsection (d) of
Section 1533 of Title 16 of the United States Code for the protection
of the California Gnatcatcher, as described at page 65088 of Volume
58 of the Federal Register.
  SEC. 4.  Section 1091.5 of the Government Code is amended to read:

   1091.5.  (a) An officer or employee shall not be deemed to be
interested in a contract if his or her interest is any of the
following:
   (1) The ownership of less than 3 percent of the shares of a
corporation for profit, provided that the total annual income to him
or her from dividends, including the value of stock dividends, from
the corporation does not exceed 5 percent of his or her total annual
income, and any other payments made to him or her by the corporation
do not exceed 5 percent of his or her total annual income.
   (2) That of an officer in being reimbursed for his or her actual
and necessary expenses incurred in the performance of official duty.

   (3) That of a recipient of public services generally provided by
the public body or board of which he or she is a member, on the same
terms and conditions as if he or she were not a member of the board.

   (4) That of a landlord or tenant of the contracting party if the
contracting party is the federal government or any federal department
or agency, this state or an adjoining state, any department or
agency of this state or an adjoining state, any county or city of
this state or an adjoining state, or any public corporation or
special, judicial, or other public district of this state or an
adjoining state unless the subject matter of the contract is the
property in which the officer or employee has the interest as
landlord or tenant in which event his or her interest shall be deemed
a remote interest within the meaning of, and subject to, the
provisions of Section 1091.
   (5) That of a tenant in a public housing authority created
pursuant to Part 2 (commencing with Section 34200) of Division 24 of
the Health and Safety Code in which he or she serves as a member of
the board of commissioners of the authority or of a community
development commission created pursuant to Part 1.7 (commencing with
Section 34100) of Division 24 of the Health and Safety Code.
   (6) That of a spouse of an officer or employee of a public agency
in his or her spouse's employment or officeholding if his or her
spouse's employment or officeholding has existed for at least one
year prior to his or her election or appointment.
   (7) That of a nonsalaried member of a nonprofit corporation,
provided that this interest is disclosed to the body or board at the
time of the first consideration of the contract, and provided further
that this interest is noted in its official records.
   (8) That of a noncompensated officer of a nonprofit, tax-exempt
corporation, which, as one of its primary purposes, supports the
functions of the body or board or to which the body or board has a
legal obligation to give particular consideration, and provided
further that this interest is noted in its official records.
   For purposes of this paragraph, an officer is "noncompensated"
even though he or she receives reimbursement from the nonprofit,
tax-exempt corporation for necessary travel and other actual expenses
incurred in performing duties of his or her office.
   (9) That of a person receiving salary, per diem, or reimbursement
for expenses from a government entity, unless the contract directly
involves the department of the government entity that employs the
officer or employee, provided that the interest is disclosed to the
body or board at the time of consideration of the contract, and
provided further that the interest is noted in its official record.
   (10) That of an attorney of the contracting party or that of an
owner, officer, employee, or agent of a firm which renders, or has
rendered, service to the contracting party in the capacity of
stockbroker, insurance agent, insurance broker, real estate agent, or
real estate broker, if these individuals have not received and will
not receive remuneration, consideration, or a commission as a result
of the contract and if these individuals have an ownership interest
of less than 10 percent in the law practice or firm, stock brokerage
firm, insurance firm, or real estate firm.
   (11) Except as provided in subdivision (b), that of an officer or
employee of or a person having less than a 10-percent ownership
interest in a bank, bank holding company, or savings and loan
association with which a party to the contract has a relationship of
borrower or depositor, debtor, or creditor.
   (12)  That of (A) a bona fide nonprofit, tax-exempt corporation
having among its primary purposes the conservation, preservation, or
restoration of park and natural lands or historical resources for
public benefit, which corporation enters into an agreement with a
public agency to provide services related to park and natural lands
or historical resources and which services are found by the public
agency, prior to entering into the agreement or as part of the
agreement, to be necessary to the public interest to plan for,
acquire, protect, conserve, improve, or restore park and natural
lands or historical resources for public purposes and (B) any
officer, director, or employee acting pursuant to the agreement on
behalf of the nonprofit corporation.  For purposes of this paragraph,
"agreement" includes contracts and grants, and "park," "natural
lands," and "historical resources" shall have the meanings set forth
in subdivisions (d), (g), and (i) of Section 5902 of the Public
Resources Code.  Services to be provided to the public agency may
include those studies and related services, acquisitions of property
and property interests, and any activities related to those studies
and acquisitions necessary for the conservation, preservation,
improvement, or restoration of park and natural lands or historical
resources.
   (b) An officer or employee shall not be deemed to be interested in
a contract made pursuant to competitive bidding under a procedure
established by law if his or her sole interest is that of an officer,
director, or employee of a bank or savings and loan association with
which a party to the contract has the relationship of borrower or
depositor, debtor or creditor.
  SEC. 5.  Section 11361 is added to the Government Code, to read:
   11361.  This chapter does not apply to the adoption or revision of
regulations, guidelines, or criteria to implement the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692
(commencing with Section 5096.300) of Division 5 of the Public
Resources Code).  The adoption or revision of regulations,
guidelines, or criteria, if necessary to implement that act, shall
instead be accomplished by means of a public process reasonably
calculated to give those persons interested in their adoption or
revision an opportunity to be heard.
  SEC. 6.  Section 12805.1 is added to the Government Code, to read:

   12805.1.  The Secretary of the Resources Agency shall facilitate
coordination between the Department of Fish and Game and the
California Coastal Commission in a manner consistent with, and in
furtherance of, the goals and policies of Division 20 (commencing
with Section 30000) of the Public Resources Code (the California
Coastal Act of 1976) and of Chapter 10 (commencing with Section 2800)
of Division 3 of the Fish and Game Code (the Natural Community
Conservation Planning Act).
  SEC. 6.5.  Section 2773.2 of the Public Resources Code is amended
to read:
   2773.2.  (a) The Secretary of the Resources Agency shall convene a
multiagency task force that shall evaluate the effectiveness of the
Cache Creek Resource Management Plan in achieving the plan's
objectives concerning the rehabilitation and restoration of Cache
Creek and identify those aspects of the plan that should be modified
or eliminated to more effectively achieve the goals of this chapter.

   (b) The task force shall consist of nine members as follows:
   (1) A representative of the department.
   (2) A representative of the Department of Fish and Game.
   (3) A representative of the State Water Resources Control Board.
   (4) Six members appointed by the Secretary of the Resources
Agency.  Of these six members, two shall be elected officials of a
city or county with active mining operations within its jurisdiction,
one of whom shall represent northern California interests, and one
of whom shall represent southern California interests; one shall be a
person currently engaged in in-stream mining activities as an
employee or owner of a mining operation; one shall be a member of the
State Mining and Geology Board; and two shall be members of the
scientific community who are affiliated with a California institution
of higher education.  The representative of the department shall
serve as the chairperson of the task force.
   (c) The task force, not later than July 1, 2001, shall recommend
to the Secretary of the Resources Agency any revisions to this
chapter or any other provisions of law, including regulations of the
State Mining and Geology Board, that are necessary to incorporate
regional resource management plans in the state's regulation of
instream mine reclamation.  The task force recommendations shall, at
a minimum, address all of the following issues:
   (1) Flood control.
   (2) Stream bank and channel erosion control.
   (3) Slope stability.
   (4) Vegetation and revegetation.
   (5) The interrelationships of private and public land ownership
along and within streambed areas, including ownership rights that are
or may be "vested" as the term is used in Section 2776.
   (6) The provision of adequate financial assurances for reclaiming
mined areas.
   (7) The monitoring of compliance with qualitative and quantitative
measures to regulate mine reclamation on large segments of streams
and rivers.
   (8) Cumulative and site-specific issues related to resource
management for instream mine reclamation.
   (d) The department shall only convene the multiagency task force
required pursuant to subdivision (a) if the costs associated with the
operation of the task force will not diminish the department's
ability to provide reclamation plan review, financial assurance
review, and field inspections, undertake other enforcement actions
and provide local assistance to cities or counties under this
chapter.
  SEC. 7.  Funds appropriated by paragraph (10) of Schedule (a) of
Item 3790-101-0005 of Section 2.00 of the Budget Act of 2000 may be
used to landscape and restore surface area at the park concourse and
to design and improve public access facilities for, and roads to, the
concourse.
  SEC. 8.  The amendments to Section 1091.5 of the Government Code
made by this act are declaratory of existing law.
  SEC. 9.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make the necessary statutory changes to implement the
Budget Act of 2000 at the earliest possible time, it is necessary
that this act take effect immediately.
